Australian Nursing and Midwifery Federation (Victoria Branch) v Melbourne IVF

[2018] FWC 3935

[2018] FWC 3935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Nursing and Midwifery Federation (Victoria Branch)
v
Melbourne IVF
(B2018/518)

VICE PRESIDENT CATANZARITI SYDNEY, 3 JULY 2018

Proposed protected action ballot of employees of Melbourne IVF.

[1] This is an application by Australian Nursing and Midwifery Federation (Victoria Branch) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Melbourne IVF (Respondent).

[2] On 2 July 2018, the Fair Work Commission was advised that the Respondent does not oppose the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr B Megennis of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR608679.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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